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Disparate impact

A test or other tool used for selection that, though appearing neutral, actually has an adverse effect on a particular protected class of individuals.

Definition from Nolo’s Plain-English Law Dictionary

When a facially neutral policy disproportionately affects one group, this can be the basis of a discrimination lawsuit if the group affected is protected by discrimination laws (such as race, sex, or age). For example, an employer's policy requiring all employees have the ability to lift 50 pounds could disproportionately affect women. Unless the employer had a good reason for such a policy, it could be discriminatory, even though it doesn't explicitly exclude women.

Definition provided by Nolo’s Plain-English Law Dictionary.

August 19, 2010, 5:14 pm

 

 

 

Prior to 1974, New Bedford had two distinct police categories: males were "police officers" and females were "police women."  At that time, male applicants were ineligible for positions as police officers if they failed to meet a minimum height requirement of five feet six inches. In February 1974 the city abandoned these separate job categories, and thereafter both men and women competed for positions as "police officers." Women applicants were then also required to meet the five feet six-inch height minimum.

Since the minimum height requirement excludes far more women than men from competing for positions as police officers, the requirement has a disparate impact on women.

 
Costa v. Markey

 

[Disparate impact claims] involve facially neutral employment practices that fall more harshly on one group than another and cannot be justified by business necessity. Such practices may be deemed illegally discriminatory without evidence of the employer's subjective discrimination.

 
Raytheon Co. v. Hernandez, 540 U.S. 44 (2003)